A bill to amend title 18, United States Code, to provide procedural safeguards with respect to the issuance of lawyer-client subpoenas.

Summary

Amends the Federal criminal code to prohibit the issuance of a lawyer-client subpoena in any proceeding in which the Government is a party, except upon a judicial determination made after a hearing at which the Government shall prove by clear and convincing evidence that: (1) the subpoena lists the specific testimony, documents, or tangible objects sought; (2) there is probable cause to believe that each item sought is related to, or is evidence of, criminal activity; (3) each item sought is necessary to the continued viability of a legitimate Government investigation or prosecution, and all alternative nonattorney souces for the item have been exhausted; (4) no item sought is protected from disclosure by any statutory, common law, or constitutional privilege of the lawyer or client; and (5) if the lawyer is currently representing the client in connection with an ongoing Government investigation or a judicial or administrative proceeding in which the Government is a party, the subpoena does not seek testimony concerning information relating to such representation or items relating to fees paid to the lawyer. Permits the issuance of a subpoena for documents transferred to a lawyer for a purpose other than seeking legal advice. Prohibits the issuance of a subpoena if a judicial determination is made that other grounds to quash such subpoena exist, irrespective of such requirements being met. Provides a right of appeal with respect to the granting or denial of a lawyer-client subpoena.

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Documents

1 official file

• Introduced in Senate

  summary · EN · 10 August 1988

  Open at official source

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